As Wells noted on Tuesday, the D.C. Circuit granted the government’s petition for rehearing en banc in Al-Bahlul v. United States. This is a very important development, as the full appeals court will now determine whether military commissions may … Read more »
Back in March, I posted a guest post by Haridimos Thravalos on the history of conspiracy prosecutions in military commissions. Thravalos’s post prompted responses from Steve and from Kevin Jon Heller; it showed up immediately in government briefs in … Read more »
Wells and Larkin have a more comprehensive preview in the works for Thursday’s oral argument before the D.C. Circuit in Hamdan v. United States, and I’d encourage folks to wait for their contribution to get a full sense of … Read more »
Further to my post from last Thursday on the Ex Post Facto Clause issue in the Nashiri prosecution, Haridimos Thravalos has sent in a response, which I’ve posted in its entirety below the fold. I’ll have a couple of reactions … Read more »
Notwithstanding the Lawfare love-in, I’m a bit troubled by one of the threads that appeared to emerge from the argument in Nashiri over whether conspiracy is a recognized violation of the laws of war. Based on Ben’s summary, it … Read more »
Over at Opinio Juris, Kevin Jon Heller offers the following objection to Haridimos Thravalos’s guest post last night on Hamdan, conspiracy, and history:
There is, however, a basic problem with Thravalos’ argument. He claims that “[t]he Hamdan plurality
I received this evening a most extraordinary guest post. It isn’t every day that someone sends me a memo outlining how a four-justice plurality of the Supreme Court got a key historical point wrong in a major case–much less does … Read more »
Yesterday I asked whether there are any historical examples in which (i) a military commission prosecution occurred during an armed conflict rather than afterwards, (ii) the defendant was acquitted, and (iii) the defendant was nonetheless remanded back to military custody … Read more »
Friday, May 24, 2013
Coverage of President Obama’s speech yesterday is plentiful: Here are Peter Baker of the New York Times, Karen DeYoung and Greg Miller of the Washington Post, and Mark Mazzetti of the Times with an analysis of the key points of the speech. Scott Wilson of the Post also provides a rundown of the speech, and cites Ben. The Associated Press reports on lifting the transfer ban on Yemeni detainees, and Colleen McCain Nelson, Adam Entous, and Julia E. Barnes… Read more »
